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Home My WebLink About2006 CON Pacific Bell dba SBC - NonDisclosure AgreementNONDISCLOSURE AGREEMENT NONDISCLOSURE AGREEMENT BETWEEN PACIFIC BELL TELEPHONE COMPANY dba SBC CALIFORNIA, AND THE CITY OF NATIONAL CITY AND SIGMA COMMUNICATIONS, LLC THIS AGREEMENT, effective this 215t day of November. 2006, ("Effective Date") is between PACIFIC BELL TELEPHONE COMPANY dba SBC CALIFORNIA, a California corporation (hereinafter "SBC California"): City of National City (hereinafter "Customer) and Sigma Communications, a Limited Liability Corporation (hereinafter "Subcontractor"). 1. Customer has requested Neighborhood Call service from SBC California under SBC California's Tariff, CAL.P.U.C. NO. A9.2.6 and agrees to comply with all provisions of SBC California's Tariff, CAL.P.U.C. NO. A9.2.6. 2. Customer has identified Subcontractor as its agent for obtaining Neighborhood Call subscriber information from SBC Califomia for provision of community alerts and notifications to citizens as defined in California Public Utilities Commission Code Sections 2872 and 2891.1 and as allowed in SI3C California's Tariff, CAL.P.U.C. NO. A9.2.6. In the event Customer elects to no longer use Subcontractor for obtaining Neighborhood Call subscriber information, Customer shall provide SBC California written notice of such change 30 days in advance of Subcontractor's agency status being terminated by Customer. 3. Subcontractor certifies that i1 has reviewed the terms and conditions of the SBC California Tariff, CAL. P.U.C. NO. A9.2.6 for Neighborhood Call and specifically A9.2.6B.2.b which stipulates in part: "The Neighborhood Call database information provided to Customer pursuant to this tariff is confidential and proprietary and such information will be held in confidence and only used and disclosed to Customer's employees or its subcontractors and agents with a need to know for purposes of providing a community alert and notifications to citizens as defined in California Public Utilities Code Sections 2872 and 2891.1. Customer agrees that each of its employees, subcontractors or agents receiving or having access to the Neighborhood Call database information will be informed that such information is subject to the terms and conditions of this tariff and the Neighborhood Call database information will remain the property of Pacific; that the Neighborhood Call database information will be treated with the same degree of care as Customer affords to its own highly confidential and proprietary information: and that the Neighborhood Call database information will not he reproduced in any manner, unless otherwise specifically authorized in writing by Pacific. Upon request, Customer will promptly return to Pacific all Neighborhood Call database information in a tangible form or certify to Pacific that such information has been destroyed." 4. Subcontractor agrees to comply with each of the obligations contained in SBC California's Tariff, CAL. P.U.C. NO. A9.2.6.B.2.b for Neighborhood Call Tariff. Notwithstanding the preceding sentence, Subcontractor agrees that no Neighborhood Call subscriber information will shared with any non -employee of Subcontractor, whether it be a subcontractor or agent, without the written authorization of Customer and the execution of a Nondisclosure Agreement with SBC California. 5. This Nondisclosure Agreement shall be in effect from the Effective Date until such time that Customer terminates its request for Neighborhood Call service from SBC California or Customer elects to no longer use Subcontractor for obtaining Neighborhood Call subscriber information. Subcontractor's duty to keep the Neighborhood Call subscriber information confidential shall continue beyond the term of this Nondisclosure Agreement until such time that Subcontractor returns to SBC California all Neighborhood Call subscriber information in a tangible form or certifies to SBC California that such information has been destroyed. 6. Nothing contained in this Nondisclosure Agreement shall be construed as granting or conferring any rights by license or otherwise in any Information. 7. This Nondisclosure Agreement shall benefit and be binding upon the parties hereto and their respective subsidiaries, affiliates, successors and assigns. 8. This Nondisclosure Agreement shall be governed by and construed in accordance with the laws of the State of California, irrespective of its choice of laws principles. [SIGNATURE PAGE FOLLOWS] PACIFIC BELL TELEPHONE COMPANY dba SBC CALIFpRNIA Print Name: /G, /eQr7 06e !4 n P,-oJ,ar me Date Signed: /////UL, By: Title: s CITY OF NNAL CITY (Customer) By: Print Name: Ron Nbrrison Title Mayor Date Signed: November 21, 2006 SIGMA COMMUNIC IONS, LLC (Subcontractor and/or Agent) ..5.0Y\ .S`K Print Name: Om q(DI) Title: -X/) Zt Date Signed: 1 r/ S/D(o RESOLUTION NO. 2006 — 234 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A NONDISCLOSURE AGREEMENT BETWEEN THE CITY, PACIFIC BELL TELEPHONE COMPANY dba SBC CALIFORNIA, AND SIGMA COMMUNICATIONS, LLC WHEREAS, the City of National City's Police Department is the recipient of the Reverse 911 System from and purchased by the County of San Diego's Office of Emergency Services; and WHEREAS, the Reverse 911 System enables the City's Police Departments emergency dispatchers to call residents and alert them to emergency actions which may need to be taken and combines GIS mapping technologies with 911 calling data in an easy -to -use interface; and WHEREAS, SBC California will provide to the Police Department a monthly Neighborhood Call database update of resident/business telephone numbers; and WHEREAS, Sigma Communications, LLC, will act as the City's agent for obtaining Neighborhood Call subscriber information from SBC California; and WHEREAS, in order for the Police Department to receive the monthly updates, the City is required to sign a nondisclosure agreement with Pacific Bell Telephone Company dba SBC California for this service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a nondisclosure agreement with Pacific Bell Telephone Company, dba SBC California, and Sigma Communications, LLC, identifying Sigma Communications as the City's agent for obtaining Neighborhood Call subscriber information from SBC California on a monthly basis. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21 s1 day of Nove gD 006. ick Inzunza, Mayor ATTEST: 1 APPROVED AS TO FORM: ) ZD gaU sr Mi hael R. Dalla, C Clerk George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on November 21, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad , Parra. Nays: None. Absent: Zarate . Abstain: None. NICK INZUNZA Mayor of the City of National City, California City CI of the City ofNational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-234 of the City of National City, California, passed and adopted by the Council of said City on November 21, 2006. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 11/21/06 AGENDA ITEM NO. 1'3 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A NONDISCLOSURE AGREEMENT BETWEEN PACIFIC BELL TELEPHONE COMPANY dba SBC CALIFORNIA AND THE CITY OF NATIO AL CITY AND SIGMA COMMUNICATIONS, LLC,, PREPARED BY Walter Amedee t� �� DEPARTMENT Police �— Homeland Security Manager EXPLANATION The County of San Diego's Office of Emergency Services has) purchased the Reverse 911 System for the NCPD. The Reverse 911 System enables NCPD emergency dispatchers to call residents and alert them to emergency actions which may need to he taken. Reverse 911 combines GIS mapping technologies with 9-1-1 calling data in an easy -to -use interface. SBC California will provide a monthly database update of resident/business telephone numbers. In order to receive the monthly updates, the City and Sigma Communications, I.LC as the subcontractor, are required to sign a nondisclosure agreement for this service. Environmental Review NI N/A Approved By: Financial Statement Finance Director Minor impact; a maintenance fee to Sigma Communications, LLC is approximately $3,220.83 annually and monthly database fee to SBC California for resident/business telephone numbers is approximately $1,488.62 annually; will he paid from 631 Telecommunications Accts. Account No. STAFF RECOMMENDATION Authorize the Mayor to sign the Agreement between SBC California and the City of National City and Sigma Communications, LLC for monthly database updates of resident/business telephone numbers. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. (, Nondisclosure Agreement Resolution A-200 (9/99) Caoo(•- GG City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 December 14, 2006 Eileen Belan Senior Project Manager Pacific Bell Telephone dba SBC CALIFORNIA 3707 Kings Way C33 Sacramento, CA 95851 Project: National City — Non -Disclosure Agreement, Resolution No. 2006- 234 Dear Ms. Belan: On November 21, 2006, the City Council of the City of National City passed and adopted Resolution No. 2006 - 234, authorizing a non disclosure agreement between the City and Pacific Bell Telephone Company dba SBC Califomia and Sigma Communications, LLC. We are pleased to enclose one fully executed original agreement and one certified copy of the Resolution for your records. Michael R. Dalla City Clerk JAH Enclosure cc: Police File C2006-66 ® Recycled Paper City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 December 14, 2006 Patricia Hall Sigma Communications 6720 Parkdale Place Indianapolis, IN 46254 Project: National City — Non -Disclosure Agreement, Resolution No. 2006- 234 Dear Ms. Hall: On November 21, 2006, the City Council of the City of National City passed and adopted Resolution No. 2006 - 234, authorizing a non disclosure agreement between the City and Pacific Bell Telephone Company dba SBC California and Sigma Communications, LLC. We are pleased to enclose a copy of the fully executed agreement and one certified copy of the Resolution for your records. Sincerely, Michael R. Dalla City Clerk JAH Enclosure cc: Police File C2006-66 ® Recycled Paper